Document Content

LAW

On Vietnamese Guest Workers

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Vietnamese Guest Workers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the rights, obligations and responsibilities of Vietnamese guest workers, enterprises, non-business units, and agencies, organizations and individuals involved in the field of Vietnamese guest workers; refresher training in occupational knowledge and skills and foreign language and orientation education for workers; the Fund for Overseas Employment Support; policies toward workers; and state management of the field of Vietnamese guest workers.

Article 2. Subjects of application

1. Vietnamese guest workers.

2. Vietnamese enterprises sending Vietnamese workers abroad as guest workers.

3. Public non-business units of ministries, ministerial-level agencies or government-attached agencies (below referred to as non-business units) assigned to send Vietnamese workers abroad as guest workers.

4. Agencies, organizations and individuals involved in the field of Vietnamese guest workers.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Vietnamese guest worker means a Vietnamese citizen aged full 18 years or older and residing in Vietnam who goes abroad to work in accordance with this Law.

2. Overseas employer means an enterprise, organization or individual that directly hires or employs overseas Vietnamese workers under labor contracts.

3. Worker-receiving foreign partner means an overseas employer or overseas employment service organization.

4. Discrimination means an act of practicing discrimination, exclusion or preference based on race, skin color, national origin or social origin, nationality, gender, age, pregnancy status, marital status, religion, belief, political view, physical disability, family responsibility, or HIV infection status, or for the reason of establishing, joining, or operating in a trade union organization or an employees’ organization at an enterprise, which affects equality in employment or career opportunities.

Acts of discrimination, exclusion or preference stemming from particular requirements of a job and acts of maintaining and securing jobs for vulnerable workers shall not be regarded as acts of discrimination.

5. Forced labor means the use of force or threat to use force or other tricks to force a person to work against his/her will.

6. Database on Vietnamese guest workers means a collection of figures and information on Vietnamese guest workers.

Article 4. The State’s policies on Vietnamese guest workers

1. To encourage the raising of technical qualifications and expertise of Vietnamese guest workers; to effectively utilize returned workers.

To offer special mechanisms and policies for Vietnamese guest workers performing specific professions, occupations or jobs with high technical expertise or professions, occupations or jobs in which Vietnam has strengths in order to attract, promote, and support the development of, professions, occupations and jobs which Vietnamese workers can perform aboard as guest workers and to employ returned workers in conformity with the socio-economic conditions in each period under the Government’s regulations.

2. To protect the lawful rights and interests of Vietnamese workers, enterprises, organizations and individuals in the field of Vietnamese guest workers.

3. To expand international cooperation in the development of new and safe labor markets with well-paid jobs and professions, occupations and jobs that help raise occupational knowledge and skills for Vietnamese guest workers.

4. To guarantee gender equality, job opportunities and non-discrimination in the recruitment of, and refresher training in occupational skills and foreign languages and orientation education for Vietnamese guest workers; to take measures to support and protect Vietnamese guest workers in conformity with their gender characteristics.

5. To help returned guest workers reintegrate into the society and participate in the labor market.

Article 5. Forms of contract applicable to Vietnamese guest workers

1. Contracts on the sending of Vietnamese workers abroad, signed with non-business units to implement international agreements.

2. Contracts or written agreements on the sending of Vietnamese workers abroad, signed with:

a/ Vietnamese enterprises providing the service of sending Vietnamese workers abroad as guest workers;

b/ Vietnamese enterprises that have won or received contracts to execute works or projects abroad;

c/ Vietnamese enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement;

d/ Vietnamese organizations and individuals making offshore investment.

3. Labor contracts signed by Vietnamese workers directly with overseas employers.

Article 6. Rights and obligations of Vietnamese guest workers

1. Vietnamese guest workers have the following rights:

a/ To be provided with information on Vietnam’s policies and laws on Vietnamese guest workers; relevant policies, laws and customs and practices of the host country; and the rights and obligations of parties when going abroad to work as guest workers;

b/ To be provided with counseling and support for exercising and performing their rights and obligations and enjoying benefits under labor contracts or vocational training contracts;

c/ To be entitled to salaries, wages, medical examination and treatment, social insurance and occupational accident insurance regimes, and other benefits and policies under labor contracts; to transfer their salaries, wages, incomes and other lawful assets back home under the laws of Vietnam and the host country;

d/ To have their lawful and legitimate rights and interests protected while working abroad in accordance with the laws of Vietnam and the host country as well as international law and practices;

dd/ To unilaterally terminate their labor contracts when employers maltreat them or force them to work against their will, or when they face explicit risks directly threatening their life or health or experience sexual harassment while working abroad;

e/ To be entitled to labor and employment support policies and benefits from the Fund for Overseas Employment Support in accordance with law;

g/ To be not required to pay double social insurance premiums or personal income tax in Vietnam and the host country if Vietnam and such country have acceded to an agreement on social insurance or agreement on double taxation avoidance;

h/ To file complaints, denunciations and lawsuits about violations in the field of Vietnamese guest workers;

i/ To be provided with counseling and support in job creation and startup activities upon their return home and to access voluntary psychosocial counseling services.

2. Vietnamese guest workers have the following obligations:

a/ To strictly comply with the laws of Vietnam and the host country;

b/ To preserve and promote Vietnamese cultural traditions; to respect for the customs and practices of the host country; to show solidarity with workers in the host country;

c/ To complete the pre-departure orientation education course;

d/ To pay service charges and deposits in accordance with this Law;

dd/ To work at designated places; to abide by working discipline and rules; to submit to the management, administration and supervision by overseas employers under labor contracts;

e/ To pay compensation for damage caused due to their breach of the signed contracts in accordance with the laws of Vietnam and the host country;

g/ To return home on time after terminating their labor contracts or vocational training contracts; within 15 days from the date of entry into Vietnam, to notify their entry in accordance with the Law on Residence to the residence registration agency of the locality where they used to reside before going abroad or of the locality where they reside after returning to the country;

h/ To pay taxes and social insurance premiums and participate in other types of insurance in accordance with the laws of Vietnam and the host country;

i/ To make contributions to the Fund for Overseas Employment Support.

Article 7. Prohibited acts in the field of Vietnamese guest workers

1. Enticing, inducing, promising, advertising, providing false information, or using other tricks to deceive workers; abusing the sending of workers abroad for the purpose of organizing illegal exit from the country, trafficking in persons, exploiting workers or practicing forced labor, or committing illegal acts.

2. Abetting workers or directly carrying out procedures for them to work abroad without the approval of competent state agencies in accordance with this Law.

3. Forcing, enticing, inducing or deceiving Vietnamese workers to stay abroad.

4. Practicing discrimination; hurting the honor or dignity of workers; or practicing forced labor in the field of Vietnamese guest workers.

5. Providing the services of sending Vietnamese workers abroad as guest workers without a license; using licenses of other enterprises or letting others use ones’ own licenses to provide the services of sending Vietnamese workers abroad as guest workers.

6. Assigning ones’ own branches to provide the services of sending Vietnamese workers abroad as guest workers in contravention of this Law.

7. Taking advantage of the preparation of worker sources or recruitment of workers to be sent abroad in order to illegally collect money from workers.

8. Collecting brokerage commissions from workers.

9. Collecting service charges from workers in contravention of this Law.

10. Applying security measures other than deposit payment and guarantee prescribed in this Law.

11. Going abroad as guest workers or sending Vietnamese workers abroad as guest workers in infringement of the national security, social order and safety, social morality or health of workers and the community or without permission of the host country.

12. Going abroad to work or sending Vietnamese workers abroad for:

a/ Massage jobs in restaurants, hotels or recreation centers;

b/ Jobs in constant exposure to explosives; toxic substances in refining ores of non-ferrous metal (copper, lead, mercury, silver and zinc); or manganese or mercury dioxide;

c/ Jobs in exposure to open radioactive sources or extracting radioactive ores;

d/ Production and packing jobs in constant exposure to nitric acid, sodium sulfate and carbon disulfide, or insecticides, herbicides, rodenticides, germicides, and termiticides of high toxicity;

dd/ Hunting the wild beasts, crocodiles or sharks;

e/ Jobs in oxygen-deficient or high-pressure places (under the ground or in the sea);

g/ Shrouding, burying or cremating corpses, or exhuming graves.

13. Going abroad to work or sending Vietnamese workers to:

a/ Areas where armed conflicts occur or are likely to occur;

b/ Radioactive-contaminated areas;

c/ Toxin-contaminated areas;

d/ Areas affected by an extremely dangerous epidemic.

14. Arbitrarily overstaying abroad after their labor contracts or vocational training contracts expire.

15. Delaying, troubling, obstructing or harassing workers or Vietnamese enterprises, organizations and individuals in the field of Vietnamese guest workers.

16. Granting licenses for provision of the services of sending Vietnamese workers abroad as guest workers to enterprises which fail to fully satisfy the conditions specified by this Law.

17. Illegally using the Fund for Overseas Employment Support.

Chapter II

VIETNAMESE ENTERPRISES, NON-BUSINESS UNITS, ORGANIZATIONS AND INDIVIDUALS SENDING VIETNAMESE WORKERS ABROAD

Section 1

VIETNAMESE ENTERPRISES PROVIDING THE SERVICES OF SENDING VIETNAMESE WORKERS ABROAD AS GUEST WORKERS

Article 8. Provision of the services of sending Vietnamese workers abroad as guest workers

1. The services of sending Vietnamese workers abroad as guest workers is a conditional business investment line. These services may only be provided by Vietnamese enterprises that possess a license for providing the services of sending Vietnamese workers abroad as guest workers granted by the Minister of Labor, Invalids and Social Affairs.

2. Vietnamese enterprises providing the service of sending Vietnamese workers abroad as guest workers (below referred to as service enterprises) shall maintain the conditions specified in Article 10 of this Law and satisfy the Government-specified conditions for each market, profession, occupation or job throughout their operation process.

Article 9. Contents of provision of the service of sending Vietnamese workers abroad as guest workers

1. Signing and implementing contracts and agreements on the sending of Vietnamese workers abroad as guest workers.

2. Finding and developing overseas labor markets; providing information, advertising, and providing counseling on overseas job opportunities.

3. Preparing worker sources and recruiting workers.

4. Providing refresher training in occupational skills and foreign language and orientation education for workers before they go to work abroad.

5. Managing workers; protecting the lawful and legitimate rights and interests of Vietnamese guest workers.

6. Implementing regimes and policies for Vietnamese guest workers.

7. Liquidating contracts on the sending of Vietnamese workers abroad.

8. Recommending jobs for returned workers.

Article 10. Conditions for grant of licenses for provision of the services of sending Vietnamese workers abroad as guest workers

1. To be granted a license for provision of the service of sending Vietnamese workers abroad as guest workers, an enterprise must fully satisfy the following conditions:

a/ Its charter capital is at least VND 5 billion; its owner(s) and all members or shareholders are domestic investors as prescribed by the Law on Investment;

b/ It has paid a deposit under Article 24 of this Law;

c/ Its at-law representative is a Vietnamese citizen who possesses a university or higher degree and has at least 5 years’ experience in the field of sending Vietnamese workers abroad as guest workers or providing employment services; is not currently subject to penal liability examination; and has no records of commission of one of the following crimes: infringing upon the national security, infringing upon the life, health, dignity or honor of humans, swindling for appropriating assets, abusing one’s trust to appropriate assets, making false advertisements, deceiving customers, making arrangements or acting as brokers for others to illegally leave, enter or stay in Vietnam, making arrangements or acting as brokers for others to illegally flee abroad or stay abroad, or forcing others to illegally flee abroad or stay abroad;

d/ It has sufficient employees for performing the contents specified in Article 9 of this Law;

dd/ It has its own physical facilities or rents physical facilities in a stable manner to provide required orientation education for Vietnamese guest workers;

e/ It has its own website.

2. The Government shall detail this Article.

Article 11. Licenses for provision of the services of sending Vietnamese workers abroad as guest workers

1. A license for provision of the services of sending Vietnamese workers abroad as guest workers (below referred to as license) must have the following principal contents:

a/ Serial number and date of grant of the license;

b/ Name of the service enterprise;

c/ Identification number of the service enterprise;

d/ Head office address of the service enterprise;

dd/ Telephone number of the service enterprise;

e/ Website address of the service enterprise.

2. A license may be modified or re-granted under Article 13 or 14 of this Law.

Article 12. Dossiers, procedures and fee for grant of licenses

1. A dossier of application for a license must comprise:

a/ An application for a license, made by the service enterprise;

b/ A copy of the enterprise registration certificate of the service enterprise;

c/ Papers evidencing the service enterprise’s satisfaction of the conditions specified in Article 10 of this Law.

2. Within 20 days after receiving a complete and valid dossier, the Minister of Labor, War Invalids and Social Affairs shall consider and grant a license to the applying enterprise; in case of refusal to grant such a license, he/she shall issue a written reply clearly stating the reason.

3. The fee rate for grant of licenses must comply with the law on charges and fees.

4. The Government shall specify the form of the license; forms of documents and papers mentioned at Points a and c, Clause 1 of this Article; and coordination among related agencies in the online grant of licenses.

Article 13. Modification of licenses

1. If having any change in the information in its license, a service enterprise shall send a written request to the Minister of Labor, Invalids and Social Affairs for modification of the license.

2. Within 5 working days after receiving the service enterprise’s request, the Minister of Labor, Invalids and Social Affairs shall modify the license.

3. Service enterprises are not required to pay any fee for the modification of their licenses.

Article 14. Re-grant of licenses

1. When its license is lost or damaged, a service enterprise shall send a written request to the Minister of Labor, Invalids and Social Affairs for re-grant of a license.

2. Within 5 working days after receiving the service enterprise’s request, the Minister of Labor, Invalids and Social Affairs shall re-grant a license.

3. Service enterprises are not required to pay any fee for the re-grant of their licenses.

Article 15. Announcement and posting of licenses

1. Within 10 days from the date of grant, re-grant or modification of a license, the Ministry of Labor, Invalids and Social Affairs shall post the license on its portal and send a notice to the provincial-level People’s Committee of the locality where the concerned service enterprise’s head office is located.

2. Within 30 days from the date of grant, re-grant or modification of its license, a service enterprise shall publicly display a copy of the license at its head office and post the license on its website.

Article 16. Surrendering or revocation of licenses

1. A service enterprise shall surrender its license to the Ministry of Labor, Invalids and Social Affairs in the following cases:

a/ It shuts down in accordance with law;

b/ It stops providing the services of sending Vietnamese workers abroad as guest workers.

2. A service enterprise will have its license revoked in the following cases:

a/ Declaring false information in the dossier of application for a license;

b/ Failing to maintain the conditions specified in Article 10 of this Law;

c/ Sending no Vietnamese workers abroad as guest workers for 24 consecutive months, except for the reason of natural disasters, epidemics, wars, political instability, economic recession or other force majeure events making its foreign partner unable to receive workers;

d/ Violating the provisions of Clause 1, 2, 5, 6, 7, 8, 11, 12 or 13, Article 7 of this Law;

dd/ Failing to fully perform the obligations specified at Points c, e, g, h and i, Clause 2, Article 26 of this Law, thus causing serious material or spiritual harms to workers.

3. The Minister of Labor, Invalids and Social Affairs shall decide on revocation of licenses; announce the revocation of licenses within 5 working days after issuing revocation decisions; and announce the surrendering of licenses on the portal of the Ministry of Labor, Invalids and Social Affairs and send a notice to the provincial-level People’s Committees of localities where the concerned service enterprises’ head offices are located.

4. The Government shall detail Clauses 1 and 2 of this Article.

Article 17. Branches assigned to provide the service of sending Vietnamese workers abroad as guest workers

1. A service enterprise may assign its branch(es) to provide part of the services of sending Vietnamese workers abroad as guest workers and take responsibility for their branches’ operation. Branches shall be established and operate in accordance with the Law on Enterprises.

2. A branch may provide the service of sending Vietnamese workers abroad as guest workers when fully meeting the following conditions:

a/ It is assigned by the service enterprise;

b/ Its head satisfies the condition specified at Point c, Clause 1, Article 10 of this Law;

c/ It has sufficient employees for performing assigned tasks;

d/ It has its own physical foundations or rents physical foundations for organizing orientation education as assigned.

3. A branch assigned to provide the service of sending Vietnamese workers abroad as guest workers may not:

a/ Enter into or liquidate labor supply contracts, brokerage contracts or contracts on the sending of Vietnamese workers abroad;

b/ Collect service charges or deposits from workers.

4. Within 5 working days after assigning their branches to provide the services of sending Vietnamese workers abroad as guest workers or after terminating the assignment to their branches to provide the services or from the date of shutting down their branches, service enterprises shall send reports thereon to the Ministry of Labor, Invalids and Social Affairs and update information on their branches to the database on Vietnamese guest workers.

5. Branches assigned to provide the services of sending Vietnamese workers abroad as guest workers shall post at their offices their service enterprises’ decision assigning them to provide the services and copies of the licenses of their service enterprises.

6. The Government shall detail Points c and d, Clause 2 of this Article.

Article 18. Preparation of worker sources

1. A service enterprise shall prepare worker sources before registering a labor supply contract at the request of a worker-receiving foreign partner or under a cooperation agreement with a worker-receiving foreign partner, and may only make the preparation after obtaining a written approval from the Ministry of Labor, Invalids and Social Affairs.

2. A dossier for preparation of worker sources must comprise:

a/ A document on preparation of worker sources;

b/ A copy of the written request or cooperation agreement with a worker-receiving foreign partner together with its certified Vietnamese translation; for a foreign partner entering into cooperation with a Vietnamese service enterprise for the first time, a document proving that it/he/she is permitted by a competent authority of the host country to recruit foreign workers;

c/ A plan on preparation of worker sources, clearly stating the number of workers, and time and method of the preparation;

d/ A commitment to prioritizing the recruitment of workers who have participated in worker source preparation activities.

3. Within 5 working days after receiving a complete and valid dossier, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply to the concerned service enterprise, issue a notice to the provincial-level People’s Committee of the locality where the service enterprise carries out worker source preparation activities, and update information on the database on Vietnamese guest workers; in case of disapproval, it shall clearly state the reason.

4. A service enterprise shall prepare worker sources as follows:

a/ Organizing preliminary selection of workers;

b/ Providing refresher training in occupational skills and foreign language for workers or, when necessary, entering into cooperation or partnership with vocational education institutions or employment service organizations to do so, and only collecting training fees in accordance with law.

5. The Minister of Labor, Invalids and Social Affairs shall detail Clause 2 of this Article.

Article 19. Labor supply contracts

1. Labor supply contract is a written agreement between a Vietnamese service enterprise and a worker-receiving foreign partner on the conditions, rights and obligations of each party in the supply and receipt of Vietnamese workers going abroad.

2. A labor supply contract must comply with the laws of Vietnam and the host country and have the following contents:

a/ Term of the contract;

b/ Number of workers; professions, occupations and jobs to be performed; age group of workers;

c/ Host country;

d/ Workplace, if the contract is signed with an overseas employer;

dd/ Working conditions and environment;

e/ Working time and rest time;

g/ Occupational safety and health;

h/ Salary, wage, other benefits, and bonuses (if any); overtime pay; and salary deductions under regulations of the host country;

i/ Meal, accommodation, and travel between the place of accommodation and the workplace;

k/ Medical examination and treatment and reproductive health care regimes;

l/ Social insurance, health insurance and occupational accident and disease insurance regimes;

m/ Conditions for ahead-of-schedule termination of the contract and compensation liability;

n/ Service charge (if any) paid by the worker-receiving foreign partner;

o/ Responsibility to pay for travel between Vietnam and the workplace;

p/ Responsibilities of the parties for risks faced by the worker while working abroad;

q/ Responsibilities of the parties for settling arising problems related to the worker while working abroad;

r/ Mechanisms, procedures and laws applicable to dispute settlement;

s/ Other agreements which are not contrary to the law and social morality.

3. The Minister of Labor, Invalids and Social Affairs shall detail Clause 2 of this Article as suitable to each market, profession, occupation or job.

Article 20. Registration of labor supply contracts

1. Service enterprises shall register labor supply contracts and may only perform them after obtaining written approval from the Ministry of Labor, Invalids and Social Affairs.

2. A dossier for registration of a labor supply contract must comprise:

a/ A written request for registration of a labor supply contract;

b/ A copy of the labor supply contract and its certified Vietnamese translation;

c/ A document proving that the sending of Vietnamese workers abroad as guest workers complies with the law of the host country.

3. Within 5 working days after receiving a complete and valid dossier, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply to the registering service enterprise; in case of disapproval of the registration, it shall clearly state the reason; in case it is necessary to carry out overseas inspections, within 3 working days after receiving the inspection results, it shall send a notice to the service enterprise.

4. The Minister of Labor, Invalids and Social Affairs shall specify the forms of the documents mentioned at Points a and c, Clause 2 of this Article.

Article 21. Contracts on the sending of Vietnamese workers abroad

1. Contract on the sending of Vietnamese workers abroad is a written agreement between a service enterprise and a worker on the rights and obligations of each party in sending Vietnamese workers abroad as guest workers.

2. A contract on the sending of Vietnamese workers abroad must have clear agreements on the rights and obligations of each party and be consistent with the labor supply contract; and clear agreements on service charge and other expenses (if any) to be incurred by the worker.

3. The Minister of Labor, Invalids and Social Affairs shall issue the form of contract on the sending of Vietnamese workers abroad.

Article 22. Brokerage contracts and commissions under brokerage contracts

1. Brokerage contract is a written agreement between a service enterprise and an intermediary organization or individual on the introduction of a foreign partner receiving Vietnamese workers to sign a labor supply contract in accordance with this Law.

2. Commission under a brokerage contract shall be agreed upon by the contracting parties and stated in the contract but must not exceed the maximum level prescribed in Clause 3 of this Article.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the maximum commission level under brokerage contracts as suitable to each market, profession, occupation or job in each period when Vietnamese guest workers are sent.

Article 23. Service charges

1. Service charges are revenues received by service enterprises from worker-receiving foreign partners and workers to cover expenses, find and develop markets, negotiate and sign labor supply contracts, and manage workers working abroad in accordance with this Law.

2. The service charge collected by a service enterprise from a worker:

a/ Shall be agreed upon between the worker and service enterprise;

b/ Must not exceed the maximum level prescribed in Clause 4 of this Article;

c/ May only be collected after the labor supply contract is approved by the Ministry of Labor, Invalids and Social Affairs and the contract on the sending of Vietnamese workers abroad is signed;

d/ In case the service charge is paid by the worker-receiving foreign partner, the service enterprise may only collect from the worker the deficit as compared to the agreed charge amount.

3. In case a service enterprise has collected the service charge from a worker for the whole working duration as agreed upon in the contract on the sending of Vietnamese workers and the worker has to return home ahead of schedule not due to his/her fault, the service enterprise shall refund to the worker the service charge amount and interest thereon corresponding to the remaining duration of the contract.

The interest shall be calculated based on the interest rate applicable to demand deposits in Vietnam dong applied by the concerned credit institution as agreed upon by the parties at the time of refund of the charge.

4. The maximum service charge amount collected from a worker:

a/ Must not exceed 1 month’s salary of the worker under the contract for every 12 working months, or must not exceed 1.5 months’ salary of the worker under the contract for every 12 working months for officers and crewmen working on board seagoing vessels. In case the term of a contract on the sending of Vietnamese workers abroad is 36 months or longer, the service charge amount must not exceed 3 months’ salary of the worker under the contract;

b/ In case it is agreed in the contract on the sending of Vietnamese workers abroad that a service charge shall be collected for the extended duration of the labor contract, the maximum service charge amount for every extended 12 working months must not exceed 0.5 month’s salary of the worker under the contract;

c/ For specified markets, professions, occupations and jobs, the Minister of Labor, Invalids and Social Affairs may stipulate a maximum service charge amount lower than that specified at Point a or b of this Clause.

Article 24. Deposits of service enterprises

1. Deposits of service enterprises shall be deposited at a bank and may only be used in case the enterprises fail to perform or fully perform their obligations in providing the services of sending Vietnamese workers abroad as guest workers at the request of competent state agencies.

Within 30 days after its deposit amount is used, a service enterprise shall refund the used amount, ensuring the law-specified deposit level.

2. In the case specified at Point b, Clause 3, Article 29 of this Law, deposits of service enterprises may be used by the Ministry of Labor, Invalids and Social Affairs to pay for arising obligations toward workers who have not yet liquidated their contracts on the sending of Vietnamese workers abroad by the time of transfer; after having the banking service charge deducted, service enterprises may use the remainder of deposits, if any, for paying other debts in accordance with the law on bankruptcy.

3. The Government shall stipulate in detail deposit levels, management and use of deposits, and cases in which service enterprises are dissolved, have their licenses revoked, or surrender their licenses.

Article 25. Deposits of workers

1. Service enterprises shall reach agreement with workers on payment of deposits to secure the latter’s performance of their obligations under contracts on the sending of Vietnamese workers abroad in accordance with Vietnam’s law or as agreed upon with worker-receiving foreign partners.

2. Workers shall reach agreement with service enterprises on payment of deposits to the former’s blocked bank accounts.

3. Workers are entitled to receive back both principals and interests of deposits upon liquidation of the contract on the sending of Vietnamese workers abroad.

In case a worker breaches the obligations stated in the contract on the sending of Vietnamese workers abroad, his/her deposit may be used by the service enterprise to compensate for damage caused due to his/her fault; the remainder of the deposit, if any, shall be refunded to the worker; if the deposit is not enough for compensating the damage, the worker shall additionally pay the deficit.

4. In case a dispute arises over a service enterprise’s failure to refund his/her deposit, a worker may file a petition with the Ministry of Labor, Invalids and Social Affairs or initiate a lawsuit in accordance with law.

5. The Government shall stipulate the maximum deposit level applicable to workers as suitable to each market, profession, occupation or job and the management, use and refund of deposits.

Article 26. Rights and obligations of service enterprises

1. A service enterprise has the following rights:

a/ To comply with Article 9 of this Law;

b/ To reach agreement with a worker on service charge, deposit, and guarantee for performance of the contract on the sending of Vietnamese workers abroad in accordance with this Law;

c/ To unilaterally liquidate the contract on the sending of Vietnamese workers abroad if the worker concerned or his/her lawfully authorized representative fails to show up to liquidate the contract after the service enterprise has sent 3 notices by registered mail within a period of 180 days from the date the worker terminates the labor contract or from the date the worker has his/her labor contract extended but fails to exercise and perform the rights and obligations stated in the contract;

d/ To file complaints about or lawsuits against illegal decisions or acts in the field of Vietnamese guest workers.

2. A service enterprise has the following obligations:

a/ To comply with Clause 2 of Article 15, Clause 1 of Article 16, and Articles 17, 18, 19, 20, 27, 28 and 29, of this Law;

b/ To post on its website information on its at-law representative; list of professional staff; head office address, business locations, and physical foundations serving pre-departure orientation education activities for workers; decisions assigning tasks to its branches and updates of changes, if any; the Ministry of Labor, Invalids and Social Affairs’ written approval of the preparation of worker sources; adequate and accurate information on the number, recruitment criteria, working conditions, interests and obligations of workers under the labor supply contract; and list of workers having participated in worker source preparation activities and those recruited;

c/ To make a written commitment to prioritizing the recruitment of workers who have participated in the enterprise’s worker source preparation activities; if the enterprise fails to fulfill such commitment, it shall pay compensation as agreed upon; to advertise, provide counseling, notify the recruitment, and provide workers and administrations of the localities where worker recruitment is organized with accurate information on the number of workers to be recruited, recruitment criteria, working conditions, and benefits and obligations of workers under the labor supply contract; to directly recruit workers and refrain from collecting any recruitment fees; to strictly comply with the approved contents of the registered labor supply contract;

d/ To organize pre-departure orientation education courses for workers and grant certificates of completion of the course in accordance with this Law; to guide workers in participating in social insurance in accordance with the law on social insurance;

dd/ To make a written commitment to an exit-awaiting time limit for a recruited worker, which is 180 days from the date he/she is recruited; if failing to fulfill such commitment, to pay compensation as agreed upon and refund the expenses already paid by the worker, except force majeure events;

e/ To manage, and protect the lawful rights and interests of, workers it has sent abroad; to have professional staff capable of managing and providing support for guest workers under regulations of the Minister of Labor, Invalids and Social Affairs; to provide legal aid for workers who suffer abuse, violence or discrimination while working abroad;

g/ To comply with requests of competent agencies and coordinate with related authorities of the host country in settling disputes related to workers; to settle arising problems when workers die, or suffer occupational accidents or diseases, have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars or political instability, or emergency circumstances occur;

h/ To pay compensation to workers for damage caused by the enterprise or its branch(es) in accordance with law;

i/ To liquidate the contracts on the sending of Vietnamese workers abroad with workers within 180 days after they terminate their labor contracts;

k/ To provide workers with counseling and support on procedures for termination of labor contracts, benefits, entitlements, and procedures for returning home;

l/ To make contributions to the Fund for Overseas Employment Support in accordance with this Law;

m/ To make annual or extraordinary reports on the provision of the services of sending Vietnamese workers abroad as guest workers under regulations of the Minister of Labor, Invalids and Social Affairs;

n/ Within 5 days after workers leave Vietnam and on a monthly basis, to update information about workers it has sent to the database on Vietnamese guest workers under regulations of the Minister of Labor, Invalids and Social Affairs until the liquidation of the contracts on the sending of Vietnamese workers abroad.

Article 27. Responsibilities of service enterprises that surrender their licenses or have their licenses revoked

1. A service enterprise that surrenders its license or has its license revoked under Article 16 of this Law may not carry out the service activities specified in Clauses 1 thru 4, Article 9 of this Law and shall:

a/ Continue performing its obligations stated in the labor supply contracts and contracts on the sending of Vietnamese workers abroad for the workers who have left Vietnam;

b/ Settle issues related to the workers it has recruited who are attending training courses on occupational skills, foreign language skills and orientation education.

2. The management and use of deposits of service enterprises that surrender their licenses or have their licenses revoked must comply with Article 24 of this Law.

3. The management and use of deposits of workers in case of surrendering or revocation of licenses must comply with Article 25 of this Law.

Article 28. Responsibilities of service enterprises in case of dissolution

1. A service enterprise may only be dissolved in the following cases:

a/ It has fulfilled all the obligations stated in the labor supply contracts and contracts on the sending of Vietnamese workers abroad which remain valid and paid all debts and other financial obligations in accordance with law;

b/ It has completed the transfer of rights and obligations related to provision of the service of sending Vietnamese workers abroad as guest workers to another licensed service enterprise after having reached agreement with the worker-receiving foreign partner and obtained approval of the Ministry of Labor, Invalids and Social Affairs.

2. Within 5 working days after a dissolution decision is approved, a service enterprise shall report to the Ministry of Labor, Invalids and Social Affairs on the situation of workers it has sent abroad and the plan on fulfillment of its obligations stated in the labor supply contracts and contracts on the sending of Vietnamese workers abroad which remain valid, and the written agreement with the service enterprise that takes over its rights and obligations in the case specified at Point b, Clause 1 of this Article.

3. The transfer of rights and obligations of a service enterprise to another must not result in a change in the rights and obligations stated in the contracts on the sending of Vietnamese workers abroad.

Upon the transfer of rights and obligations from a service enterprise to another, service charges, workers’ deposits, and assets used to secure the performance of the guarantee obligation shall be transferred to the service enterprise being the transferee. Within 5 working days after completing the transfer, the service enterprise being the transferor shall notify such to the Ministry of Labor, Invalids and Social Affairs and concerned workers.

Article 29. Responsibilities of service enterprises in case of bankruptcy

1. Within 5 working days after the court issues a ruling on opening of bankruptcy procedures, the concerned service enterprise shall report to the Ministry of Labor, Invalids and Social Affairs on the sending of workers abroad and the plan on fulfillment of its obligations stated in the labor supply contracts and contracts on the sending of Vietnamese workers abroad which remain valid.

2. From the date the court issues a ruling on opening of bankruptcy procedures, the concerned service enterprise may not carry out the service activities specified in Clauses 1 thru 4, Article 9 of this Law.

3. In case the court issues a ruling to declare a service enterprise bankrupt, the transfer of rights and obligations for performance of labor supply contracts and contracts on the sending of Vietnamese workers abroad which remain valid is specified as follows:

a/ The service enterprise shall reach agreement with another licensed service enterprise in order to transfer its rights and obligations to the latter after reaching agreement with the worker-receiving foreign partner and having the transfer plan approved by the Ministry of Labor, Invalids and Social Affairs. The transfer of rights and obligations from a service enterprise to another must not result in a change in the rights and obligations stated in the contracts on the sending of Vietnamese workers abroad.

Upon the transfer of rights and obligations from a service enterprise to another, service charges, workers’ deposits, and assets used to secure the performance of the guarantee obligation shall be transferred to the service enterprise being the transferee. Within 5 working days after completing the transfer, the service enterprise being the transferor shall notify such to the Ministry of Labor, Invalids and Social Affairs, the worker-receiving foreign partner and concerned workers;

b/ In case the service enterprise cannot reach agreement on the transfer of its rights and obligations to another service enterprise, it shall hand over all dossiers of workers abroad, workers’ deposits, assets used to secure the performance of the guarantee obligation, and service charges collected in advance from workers to the Ministry of Labor, Invalids and Social Affairs for settling the interests and obligations of the workers it has sent abroad in accordance with this Law.

Within 5 working days after the handover, the Ministry of Labor, Invalids and Social Affairs shall send notices to the worker-receiving foreign partner and concerned workers based on the dossiers it has received.

Section 2

VIETNAMESE ENTERPRISES WINNING OR RECEIVING CONTRACTS TO EXECUTE OVERSEAS WORKS OR PROJECTS THAT SEND VIETNAMESE WORKERS ABROAD

Article 30. Conditions for a Vietnamese enterprise winning or receiving contracts to execute overseas works or projects to send Vietnamese workers abroad

1. Having signed a contract to execute overseas works or projects.

2. Having a plan on the sending of Vietnamese workers abroad in accordance with the laws of Vietnam and the host country and sending a report to the Ministry of Labor, Invalids and Social Affairs as specified in Article 31 of this Law.

3. Only sending the Vietnamese workers who currently work for the enterprise to work at overseas works or projects under the signed contract.

Article 31. Reports of enterprises winning or receiving contracts to execute overseas works or projects on the sending of Vietnamese workers abroad

1. At least 20 days before sending workers abroad, a Vietnamese enterprise winning or receiving a contract to execute overseas works or projects shall report to the Ministry of Labor, Invalids and Social Affairs on a plan on the sending of Vietnamese workers abroad, together with a copy of the signed contract.

2. A plan on the sending of Vietnamese workers abroad must have the following contents:

a/ Management and employment of workers abroad, clearly stating the number of workers sent, their gender, professions, occupations and jobs, working duration, working time, rest time, overtime work, salary, working conditions, living conditions, and medical examination and treatment; handling of risks, and settlement of interests and regimes for workers suffering occupational accidents or diseases and other related interests and regimes;

b/ Bringing of workers home upon occurrence of natural disasters, epidemics, wars, political instability, economic recession or emergency circumstances, or other force majeure events.

3. Within 5 working days after receiving an enterprise’s plan on the sending of Vietnamese workers abroad, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply to the enterprise; in case of disapproval, it shall clearly state the reason.

4. Within 5 working days after a worker leaves Vietnam, the contracted enterprise shall update information about him/her to the database on Vietnamese guest workers.

Article 32. Rights and obligations of enterprises winning or receiving contracts to execute overseas works or projects that send Vietnamese workers abroad

1. To provide adequate, accurate and clear information about working conditions, living conditions, interests and regimes for workers working at their overseas works or projects.

2. To organize orientation education courses for workers and help them obtain certificates of completion of the course before they go abroad.

3. To directly organize the sending of, and manage and employ, workers going abroad.

4. To sign with workers a labor contract annex with additional contents on working duration, working time, rest time, overtime work, salary, working conditions, living conditions, medical examination and treatment, and other interests and regimes in conformity with the plan on the sending of Vietnamese workers abroad specified in Clause 2, Article 31 of this Law and the laws of Vietnam and the host country.

5. To make sure that workers receive periodical health checks, including reproductive health care, and medical examination and treatment when they suffer sickness or accidents. When workers can no longer work abroad due to sickness or accidents, to bring those workers home and bear relevant expenses.

6. To organize the sending of the remains or corpses of workers who die while working abroad and bear all relevant expenses; to implement other compensation and subsidy regimes in accordance with Vietnam’s law.

7. To report to and coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful and legitimate rights and interests while they work abroad.

8. To make reports upon completion of overseas contracts and make extraordinary reports at the request of the Ministry of Labor, Invalids and Social Affairs.

9. To comply with requests of competent agencies and coordinate with related authorities of the host country in settling disputes related to workers; to settle arising problems when workers die, or suffer accidents or have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars, political instability, economic recession, or emergency circumstances or other force majeure events occur.

Section 3

ORGANIZATIONS AND INDIVIDUALS MAKING OFFSHORE INVESTMENT THAT SEND VIETNAMESE WORKERS ABROAD

Article 33. Conditions for a Vietnamese organization or individual making offshore investment to send Vietnamese workers abroad

1. Possessing an offshore investment registration certificate.

2. Having a plan on the sending of Vietnamese workers abroad in accordance with the laws of Vietnam and the host country and sending a report to the Ministry of Labor, Invalids and Social Affairs as specified in Article 34 of this Law.

3. Only sending Vietnamese workers to the production or business establishments or works it/he/she has established abroad.

Article 34. Reports of Vietnamese organizations and individuals making offshore investment on the sending of Vietnamese workers abroad

1. At least 20 days before sending workers abroad, a Vietnamese organization or individual making offshore investment shall report to the Ministry of Labor, Invalids and Social Affairs on a plan on the sending of Vietnamese workers abroad, together with a copy of its/his/her offshore investment registration certificate.

2. A plan on the sending of Vietnamese workers abroad must have the following contents:

a/ Management and employment of workers abroad, clearly stating the number of workers sent, gender, professions, occupations or jobs, working duration, working time, rest time, overtime work, salary, working conditions, living conditions, and medical examination and treatment regime; handling of risks, and settlement of benefits and regimes for workers suffering occupational accidents or diseases, and other regimes for them;

b/ Sending of workers home upon occurrence of natural disasters, epidemics, wars, political instability, economic recession, emergency circumstances, or other force majeure events.

3. Within 5 working days after receiving a plan on the sending of Vietnamese workers abroad, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply to the Vietnamese organization or individual making offshore investment; in case of disapproval, it shall clearly state the reason.

4. Within 5 working days after a worker leaves Vietnam, the Vietnamese organization or individual making offshore investment shall update information about him/her to the database on Vietnamese guest workers.

Article 35. Rights and obligations of organizations and individuals making offshore investment that send Vietnamese workers abroad

1. To provide adequate, accurate and clear information about working conditions, living conditions, benefits and regimes for workers working at the production and business establishments or works they have established abroad.

2. To organize orientation education courses for workers and help them obtain certificates of completion of the courses before they go abroad.

3. To directly organize the sending of, and manage and employ, workers going abroad.

4. To sign with workers a labor contract annex with additional contents on working duration, working time, rest time, overtime work, salary, working conditions, living conditions, and medical examination and treatment regime, and other regimes for workers in conformity with the plan on the sending of Vietnamese workers abroad specified in Clause 2, Article 34 of this Law and the laws of Vietnam and the host country.

In case of recruitment of new workers, to sign a contract on the sending of Vietnamese workers abroad according to the contents and model contract issued by the Minister of Labor, Invalids and Social Affairs and refrain from collecting any service charge from them.

5. To liquidate contracts on the sending of Vietnamese workers abroad with workers within 180 days from the date a worker terminates his/her labor contract.

6. To guarantee workers’ benefits, and solve arising problems faced by the workers they have sent abroad.

7. To send reports to and coordinate with overseas Vietnamese representative missions in managing, and protecting the lawful and legitimate rights and interests of, workers while working abroad.

8. To send annual or extraordinary reports on the sending of Vietnamese workers abroad under regulations of the Minister of Labor, Invalids and Social Affairs.

9. To comply with requests of competent agencies and coordinate with related agencies and organizations of the host country in settling disputes related to workers; to settle arising problems when workers die, or suffer accidents or have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars, political instability, economic recession, or emergency circumstances or other force majeure events occur.

Section 4

VIETNAMESE ENTERPRISES SENDING VIETNAMESE WORKERS ABROAD FOR OCCUPATIONAL KNOWLEDGE AND SKILLS TRAINING OR IMPROVEMENT

Article 36. Conditions for a Vietnamese enterprise to send Vietnamese workers abroad for occupational knowledge and skills training or improvement

1. Signing intern acceptance contracts with overseas intern-accepting institutions to send Vietnamese workers abroad for occupational knowledge and skills training or improvement as specified in Article 37 of this Law and having it approved by a competent state agency defined in Article 39 of this Law.

2. Having paid deposits for the performance of intern acceptance contracts under the Government’s regulations.

3. Only sending workers with labor contracts and overseas vocational training contracts for occupational knowledge and skills training or improvement to the overseas intern-accepting institutions under the intern acceptance contracts.

4. Ensuring that the professions, occupations and jobs to be performed by Vietnamese workers sent abroad for occupational knowledge and skills training or improvement are relevant to the fields of its operation.

Article 37. Intern acceptance contracts

1. Intern acceptance contract is a written agreement between a Vietnamese enterprise and an overseas intern-accepting institution regarding the rights and obligations of the contracting parties in the sending and acceptance of the enterprise’s workers for occupational knowledge and skills training or improvement.

2. An intern acceptance contract must be conformable with the laws of Vietnam and the host country, and have the following contents:

a/ Internship duration;

b/ Number of interns; occupations and jobs for internship; age group of interns;

c/ Place of internship;

d/ Conditions and environment for internship;

dd/ Internship time and rest time;

e/ Occupational safety and health;

g/ Salary and wage;

h/ Meal, accommodation, living and travel conditions;

i/ Medical examination and treatment regime;

k/ Social insurance, health insurance, occupational accident and disease insurance, and other kinds of insurance (if any);

l/ Conditions for ahead-of-schedule termination of the contract and compensation liability;

m/ Responsibility to pay expenses for travel between Vietnam and the place of internship;

n/ Responsibilities of the concerned parties in case a worker suffers a risk during his/her internship;

o/ Responsibilities of the concerned parties to settle arising problems faced by workers during his/her internship;

p/ Mechanisms, procedures and laws to be applied for dispute settlement;

q/ Other agreements which are not contrary to law and social morality.

Article 38. Overseas vocational training contracts

1. Overseas vocational training contract is a written agreement between a Vietnamese enterprise and its worker regarding overseas occupational knowledge and skills training or improvement.

2. An overseas vocational training contract must comply with the Labor Code and be conformable with contents of the intern acceptance contract.

Article 39. Registration of intern acceptance contracts

1. Intern acceptance contracts shall be registered according to the following provisions:

a/ An enterprise sending Vietnamese workers abroad for occupational knowledge and skills training or improvement for a duration of less than 90 days shall register intern acceptance contracts with the specialized labor agency of the provincial-level People’s Committee of the locality where the enterprise’s head office is located;

b/ An enterprise sending Vietnamese workers abroad for occupational knowledge and skills training or improvement for a duration of 90 days or more shall register intern acceptance contracts with the Ministry of Labor, Invalids and Social Affairs.

2. Within 5 working days after receiving a complete and valid dossier specified in Article 40 of this Law, the competent state agency defined in Clause 1 of this Article shall issue a written reply to the enterprise; in case of disapproval, it shall clearly state the reason.

Article 40. Dossiers of registration of intern acceptance contracts

1. A dossier of registration of an intern acceptance contract must comprise:

a/ A written request for registration of an intern acceptance contract;

b/ A copy of the intern acceptance contract, accompanied by its certified Vietnamese translation;

c/ A document proving that the sending of Vietnamese workers abroad for occupational knowledge and skills training or improvement is conformable with the law of the host country;

d/ A copy of the enterprise registration certificate and of a paper proving the enterprise’s deposit payment as specified in Clause 2, Article 36 of this Law.

2. The Minister of Labor, Invalids and Social Affairs shall specify forms of the documents specified at Points a and c, Clause 1 of this Article.

Article 41. Rights and obligations of Vietnamese enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement

1. An enterprise has the following rights:

a/ To request workers to pay compensation under overseas vocational training contracts for damage caused by them;

b/ To file complaints or lawsuits against illegal decisions or acts in the field of Vietnamese guest workers.

2. An enterprise has the following obligations:

a/ To provide adequate, accurate and clear information about the contents specified in Clause 2, Article 37 of this Law;

b/ To sign vocational training contracts before sending workers abroad for occupational knowledge and skills training or improvement;

c/ To organize orientation education courses for workers and help them obtain certificates of completion of the course before they are sent abroad for occupational knowledge and skills training or improvement;

d/ Within 5 working days after a worker leaves Vietnam, to update information about him/her on the database on Vietnamese guest workers;

dd/ To manage, and protect the lawful and legitimate rights and interests of, workers it has sent abroad for occupational knowledge and skills training or improvement;

e/ To send reports to and coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful and legitimate rights and interests;

g/ To liquidate overseas vocational training contracts with workers;

h/ To pay compensation for damage caused by the enterprise to workers under signed contracts and regulations;

i/ To receive, and arrange appropriate jobs for, workers after they complete overseas courses on occupational knowledge and skills training or improvement;

k/ To settle workers’ benefits in accordance with law in case the enterprise is dissolved or bankrupt;

l/ To report on the sending of workers abroad for occupational knowledge and skills training or improvement to competent state agencies in accordance with Clause 1, Article 39 of this Law under regulations of the Minister of Labor, Invalids and Social Affairs;

m/ To comply with requests of competent agencies and coordinate with related authorities of the host country in settling disputes related to the workers; to settle arising problems when workers die, or suffer accidents or have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars, political instability, economic recession or emergency circumstances or other force majeure events occur.

Section 5

NON-BUSINESS UNITS SENDING VIETNAMESE WORKERS ABROAD AS GUEST WORKERS

Article 42. Conditions for a non-business unit to send Vietnamese workers abroad as guest workers

1. It is a non-business unit defined in Clause 3, Article 2 of this Law that is assigned in writing by a minister or the head of a ministerial-level agency or government-attached agency to send Vietnamese workers abroad as guest workers in implementation of international agreements.

A minister or the head of a ministerial-level agency or government-attached agency may assign a non-business unit to send Vietnamese workers abroad as guest workers only after obtaining the written approval of the Ministry of Labor, Invalids and Social Affairs.

2. Its head possesses a university or higher degree and has at least 3 years’ experience in the field of Vietnamese guest workers, international cooperation, or employment service.

3. It operates for non-profit purposes and refrains from collecting service charges from workers.

Article 43. Rights and obligations of non-business units sending Vietnamese workers abroad as guest workers

1. A non-business unit has the following rights:

a/ To sign labor supply contracts with worker-receiving foreign partners in case it is so designated by relevant international agreements;

b/ To recruit, train, and sign contracts on the sending of, Vietnamese workers abroad under regulations of the Minister of Labor, Invalids and Social Affairs;

c/ To reach agreement with workers on methods of deposit payment and guarantee for performance of contractual obligations under the Government’s regulations;

d/ To request workers to pay compensation for their breach of contracts on the sending of Vietnamese workers abroad;

dd/ To file complaints or lawsuits against illegal decisions or acts in the field of Vietnamese guest workers;

e/ To unilaterally liquidate a contract on the sending of Vietnamese workers abroad if, after the service enterprise has sent 3 notices by registered mail within a period of 180 days from the date a worker terminates his/her labor contract, the worker or his/her lawfully authorized person still does not show up to liquidate the contract, or from the date the worker is eligible for labor contract extension but he/she fails to exercise and perform the rights and obligations stated in the contract.

2. A non-business unit has the following obligations:

a/ At least 15 days before sending workers abroad, to send to the Ministry of Labor, Invalids and Social Affairs and the non-business unit’s managing agency a report together with a copy of the labor supply contract (if any) and the model contract on the sending of Vietnamese workers abroad;

b/ To provide adequate and accurate information about the number of workers to be recruited, criteria for recruitment, salaries, working conditions, and interests and obligations of workers, and publish such information on its website;

c/ Within 5 days from the date a worker leaves Vietnam and on a monthly basis, to update information about him/her on the database on Vietnamese guest workers;

d/ To organize orientation education courses and grant certificates of completion of the course for workers before they go abroad;

dd/ To coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful rights and interests, and settle arising problems faced by workers while working abroad;

e/ To liquidate contracts on the sending of Vietnamese workers abroad with workers within 180 days from the date of termination of their labor contracts;

g/ To send annual or extraordinary reports on provision of the service of sending Vietnamese workers abroad as guest workers under regulations of the Minister of Labor, Invalids and Social Affairs;

h/ To comply with requests of competent agencies and coordinate with related authorities of the host country in settling worker-related disputes; to settle arising problems when workers die, or suffer occupational accidents or diseases or have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars, political instability, economic recession, or emergency circumstances or other force majeure events occur;

i/ To pay compensation to workers under contracts and law for damage it has caused.

Chapter III

VIETNAMESE GUEST WORKERS

Section 1

VIETNAMESE GUEST WORKERS WORKING UNDER CONTRACTS SIGNED WITH ENTERPRISES, NON-BUSINESS UNITS OR VIETNAMESE ORGANIZATIONS OR INDIVIDUALS MAKING OFFSHORE INVESTMENT

Article 44. Conditions for a worker to be sent abroad to work by an enterprise, a non-business unit, or a Vietnamese organization or individual making offshore investment

1. Having full civil act capacity.

2. Voluntarily going abroad to work.

3. Being physically fit as specified by Vietnam’s law and required by the worker-receiving foreign partner.

4. Meeting requirements on foreign language skills, expertise and occupational knowledge and skills, and other conditions specified by the worker-receiving foreign partner.

5. Having a certificate of completion of the orientation education course.

6. Not falling into the case of being banned from exit or not being permitted for exit or being subject to exit suspension as specified by Vietnam’s law.

Article 45. A dossier of a worker going abroad to work

1. An application for being sent abroad to work.

2. A curriculum vitae certified by the commune-level People’s Committee of the locality where the worker resides or by the agency, organization or unit managing the worker.

3. A health certificate granted under the Minister of Health’ regulations;

4. A certificate of completion of the orientation education course.

5. Diplomas or certificates of foreign language skills, expertise and occupational knowledge and skills, and other documents required by the worker-receiving foreign partner.

Article 46. Rights and obligations of workers sent abroad to work by service enterprises

1. To exercise and perform the rights and obligations specified in Article 6 of this Law.

2. To sign contracts on the sending of Vietnamese workers abroad with service enterprises.

3. To enjoy compensation in case service enterprises breach contracts on the sending of Vietnamese workers abroad.

4. To terminate contracts on the sending of Vietnamese workers abroad with service enterprises in case the latter fail to fulfill the contractual commitments, unless otherwise agreed upon by the two parties.

5. To have their labor contracts extended or sign new labor contracts in accordance with the law of the host country.

6. To reach agreement with service enterprises on the service charge specified in Article 23 of this Law.

7. To reach agreement with service enterprises on deposit or recommend guarantors for providing security for performance of the obligations stated in contracts on the sending of Vietnamese workers abroad.

8. To liquidate contracts on the sending of Vietnamese workers abroad with service enterprises within 180 days from the date of termination of a labor contract.

Article 47. Rights and obligations of workers sent abroad to work by Vietnamese enterprises winning or receiving contracts to execute overseas works or projects or Vietnamese organizations or individuals making offshore investment

1. To exercise and perform the rights and obligations specified in Article 6 of this Law.

2. To reach written agreement with Vietnamese enterprises winning or receiving contracts to execute overseas works or projects or Vietnamese organizations or individuals making offshore investment on working duration, working time, rest time, overtime work, salary, working conditions, living conditions, medical examination and treatment regime, and other interests and regimes while working abroad in accordance with the laws of Vietnam and the host country.

3. To sign or liquidate contracts on the sending of Vietnamese workers abroad with Vietnamese organizations or individuals making offshore investment.

4. To enjoy compensation in case Vietnamese enterprises winning or receiving contracts to execute overseas works or projects or Vietnamese organizations or individuals making offshore investment breach the agreements specified in Clause 2 of this Article.

Article 48. Rights and obligations of workers sent abroad for occupational knowledge and skills training or improvement

1. To exercise and perform the rights and obligations specified in Article 6 of this Law.

2. To sign or liquidate overseas vocational training contracts.

3. To enjoy compensation in case enterprises sending workers abroad for occupational knowledge and skills training or improvement breach overseas vocational training contracts.

4. To be received and arranged appropriate jobs by enterprises after returning home.

Article 49. Rights and obligations of workers sent abroad to work by non-business units

1. To exercise and perform the rights and obligations specified in Article 6 and Clause 5, Article 46 of this Law.

2. To sign contracts on the sending of Vietnamese workers abroad with non-business units.

3. To reach agreement with non-business units on methods of deposit payment and guarantee for securing contract performance in accordance with this Law.

4. To enjoy compensation in case non-business units breach contracts on the sending of Vietnamese workers abroad.

5. To liquidate contracts on the sending of Vietnamese workers abroad with non-business units within 180 days from the date of termination of a labor contract.

Section 2

VIETNAMESE GUEST WORKERS WORKING UNDER DIRECTLY SIGNED LABOR CONTRACTS

Article 50. Conditions for a Vietnamese worker to go abroad to work under a directly signed labor contract

1. Meeting the conditions specified in Clauses 1, 2, 3, 4 and 6, Article 44 of this Law.

2. Having signed a labor contract specified in Article 52 of this Law.

3. Having a written certification of registration of his/her labor contract issued by the specialized agency in charge of labor of the provincial-level People’s Committee of the locality where he/she resides.

Article 51. Rights and obligations of Vietnamese guest workers working under directly signed labor contracts

1. Vietnamese guest workers working under directly signed labor contracts have the following rights:

a/ To be provided by specialized agencies in charge of labor of provincial-level People’s Committees and overseas Vietnamese representative missions with information on policies and laws on Vietnamese guest workers;

b/ To have their lawful rights and interests protected while working abroad by overseas Vietnamese representative missions in accordance with the laws of Vietnam and the host country as well as international law and practices; to be provided with counseling and support for exercising and performing their rights and obligations and enjoying benefits under labor contracts;

c/ To be entitled to benefits from the Fund for Overseas Employment Support and other benefits in accordance with this Law and relevant laws;

d/ To transfer their salaries, wages, incomes and other lawful assets back home under the laws of Vietnam and the host country.

2. Vietnamese guest workers working under directly signed labor contracts have the following obligations:

a/ To register their labor contracts;

b/ To abide by contents of their labor contracts and working rules;

c/ To participate in social insurance, health insurance and unemployment insurance in accordance with Vietnam’s law and kinds of insurance in accordance with the law of the host country;

d/ To pay income tax in accordance with the laws of Vietnam and the host country;

dd/ To make contributions to the Fund for Overseas Employment Support in accordance with this Law;

e/ To make citizenship registration at the Vietnamese representative mission in the host country.

Article 52. Directly signed labor contracts

1. A directly signed labor contract is a written agreement between a Vietnamese worker and an overseas employer regarding a paid job, salary, working conditions, and rights and obligations of each party in industrial relations.

2. Principal contents of a directly signed labor contract must be conformable with the laws of Vietnam and the host country, including:

a/ Profession, occupation and job to be performed;

b/ Term of the contract;

c/ Workplace;

d/ Working time, rest time and overtime work;

dd/ Salary, wage;

e/ Meal, accommodation, living and travel conditions;

g/ Medical examination and treatment regime;

h/ Social insurance, health insurance and occupational accident and disease insurance regimes and other regimes (if any);

i/ Responsibilities of the overseas employer for occupational accidents and risks related to the worker while working abroad;

k/ Mechanisms, procedures and laws applicable to dispute settlement.

Article 53. Registration of labor contracts

1. A dossier for registration of a labor contract must comprise:

a/ A written request for registration of a labor contract, made according to the form issued by the Minister of Labor, Invalids and Social Affairs;

b/ A copy of the labor contract accompanied by its certified Vietnamese translation;

c/ A copy of the people’s identity card, citizen identity card or passport of the worker;

d/ A curriculum vitae certified by the commune-level People’s Committee of the locality where the worker resides or by the agency, organization or unit managing the worker.

2. Within 5 working days after receiving a complete and valid dossier, the specialized agency in charge of labor of the provincial-level People’s Committee shall issue a written certification of registration of the labor contract; in case of disapproval of the certification, it shall clearly state the reason.

Article 54. Signing of labor contracts after workers leave Vietnam

1. Vietnamese citizens signing lawful labor contracts after leaving Vietnam will be entitled to the rights specified at Points a, b, d, e, h and i, Clause 1, Article 6 of this Law if they register their labor contracts online with a Vietnamese competent state agency and shall perform the obligations specified at Points a, b and i, Clause 2, Article 6 of this Law.

2. The Government shall detail this Article.

Section 3

GUARANTEE FOR VIETNAMESE GUEST WORKERS

Article 55. Conditions on a guarantor

1. Having civil act capacity, for individuals, or having civil legal capacity, for organizations.

2. Having financial capacity to secure the guarantee in accordance with this Law.

Article 56. Cases and scope of guarantee

1. Guarantee shall be provided in case workers have not paid a sufficient deposit specified in Article 25 of this Law or provided to take the agreed security measures specified at Point c, Clause 1, Article 43 of this Law.

2. Guarantors shall reach agreement with service enterprises or non-business units on their responsibility to provide guarantee for part or the whole of the obligations of workers.

3. Guarantee must comply with the Civil Code. In case the guarantor improperly performs the guarantee obligation, the service enterprise or non-business unit may request the guarantor to pay for the value of the breached obligation and compensate for damage.

Article 57. Time limit for performance of the guarantee obligation

The time limit for performance of the guarantee obligation shall be agreed between the guarantor and the service enterprise or non-business unit; if they cannot reach agreement, the guarantor shall perform the guarantee obligation within a reasonable time limit fixed by the service enterprise or non-business unit, which shall be counted from the time the guarantor receives the service enterprise’s or non-business unit’s notice of its performance of the worker’s obligation.

Article 58. Guarantee contracts

1. Guarantee contracts shall be made in writing.

2. A guarantee contract must have the following principal contents:

a/ Scope of guarantee;

b/ Rights and obligations of the parties;

c/ Termination of guarantee.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail contents of a guarantee contract and the liquidation of contracts on guarantee for Vietnamese guest workers.

Article 59. Measures to secure the performance of the guarantee obligation

1. Service enterprises and non-business units may reach agreement with guarantors on the use of property as security for the performance of the guarantee obligation.

2. The use of property as a security measure shall be stated in a separate document or in the guarantee contract.

3. The determination and application of the measure of using property as security for the performance of the guarantee obligation must comply with the civil law.

Section 4

SUPPORT FOR WORKERS AFTER THEY RETURN HOME

Article 60. Support for job creation and startup activities

1. The Ministry of Labor, Invalids and Social Affairs shall coordinate with related ministries and sectors in guiding provincial-level People’s Committees to implement policies to support workers in job creation and startup activities; connect the database on Vietnamese guest workers with the database on labor markets for employers and workers to access, exploit and use information for finding appropriate jobs.

2. Based on their socio-economic conditions and local budget funds, provincial-level People’s Committees shall propose provincial-level People’s Councils to promulgate policies to support local workers; organize training courses for helping workers use their occupational knowledge, skills, experiences and qualifications.

3. Employment service centers shall fully provide information on labor markets and employers’ labor recruitment demands for workers to find jobs that are relevant to their occupational knowledge, skills, experiences and qualifications gained abroad.

4. Service enterprises shall recommend jobs for returned workers.

Article 61. Support for integration into the society

Organizations and individuals are encouraged to support returned workers in accessing voluntary psychosocial counseling services for integration into the society.

Chapter IV

REFRESHER TRAINING IN OCCUPATIONAL SKILLS AND FOREIGN LANGUAGE AND ORIENTATION EDUCATION FOR WORKERS

Article 62. Purposes of refresher training in occupational skills and foreign language and orientation education

Refresher training in occupational skills and foreign language and orientation education for workers before they go abroad aim to provide them with occupational skills and foreign language, basic legal knowledge and other necessary knowledge as required by the relevant overseas labor market.

Article 63. Refresher training in occupational skills and foreign language

Upon preliminary selection and selection, if a worker has not yet met conditions on occupational skills and foreign language as required by the worker-receiving foreign partner, the service enterprise or non-business unit may reach agreement with the worker on provision of refresher training in occupational skills and foreign language for the latter.

Article 64. Support for vocational education institutions

The State shall adopt investment support policies for vocational education institutions that provide refresher training in occupational knowledge and skills and foreign language for Vietnamese guest workers to meet requirements of worker-receiving foreign partners and comply with the Law on Vocational Education.

Article 65. Orientation education

1. Contents of orientation education:

a/ Vietnam’s traditions and cultural identity;

b/ Basic knowledge about the laws of Vietnam and the host country;

c/ Principal contents of types of contracts on Vietnamese guest workers;

d/ Skills of workers while working abroad in spending, saving money, and remitting money to Vietnam;

dd/ Labor discipline, occupational safety and hygiene;

e/ Customs, practices and culture of the host country;

g/ Work and daily life behaviors;

h/ Use of means of communication and transport, purchase and sale; use of tools and equipment for daily-life needs;

i/ Basic knowledge about forced labor, prevention and combat of trafficking in in persons, gender equality, sexual abuse, gender-based violence, and prevention skills;

k/ Basic contents on citizen protection, protection of lawful and legitimate rights and interests of workers, and problems to be avoided while workers work abroad;

l/ Orientations on access to employment opportunities after workers return home;

m/ Addresses and hotlines for supporting workers when they meet with difficulties while working abroad.

2. Enterprises, non-business units, and Vietnamese organizations and individuals sending workers abroad shall organize pre-departure orientation education courses for workers and help them obtain certificates of completion of the courses.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate programs, contents and time volume of orientation education, and form and validity period of certificates of completion of orientation education courses.

Chapter V

FUND FOR OVERSEAS EMPLOYMENT SUPPORT

Article 66. Fund for Overseas Employment Support

1. The Fund for Overseas Employment Support is an off-budget state financial fund under the Ministry of Labor, Invalids and Social Affairs, aiming to provide support in developing, stabilizing and expanding markets; preventing, minimizing and handling risks to workers and enterprises; and protecting lawful rights and interests of workers.

The Fund operates for non-profit purposes, has legal person status and practices independent cost-accounting.

2. The Fund for Overseas Employment Support shall implement accounting and audit regimes, and publicize its annual operation results and audit results on the portal of the Ministry of Labor, Invalids and Social Affairs in accordance with law.

3. The Prime Minister shall decide on the establishment of the Fund for Overseas Employment Support; prescribe the organization and operation and management and use of the Fund, levels of contribution by enterprises and workers to the Fund, and spending contents and levels with regard to the tasks specified in Article 67 of this Law.

Article 67. Tasks of the Fund for Overseas Employment Support

1. To support workers in the following cases:

a/ Workers can no longer work abroad due to occupational accidents, risks, sicknesses or diseases and have to return home ahead of schedule;

b/ Workers have to return home ahead of schedule due to overseas employers’ dissolution, bankruptcy or downsizing of production activities upon occurrence of natural disasters, epidemics, political instability, wars, economic recession, or other force majeure events;

c/ Workers have to return home ahead of schedule due to unilateral termination of their labor contracts under Point dd, Clause 1, Article 6 of this Law;

d/ Settling worker-related disputes in the sending of Vietnamese workers abroad as guest workers;

dd/ Supporting workers’ relatives in case workers die or are missing while working abroad.

2. To support enterprises in the following cases:

a/ Exploiting, developing and stabilizing overseas labor markets;

b/ Handling risks related to workers they have sent abroad.

3. To support activities directly relating to Vietnamese guest workers.

4. To cover expenses for management of the Fund for Overseas Employment Support.

Article 68. Sources forming the Fund for Overseas Employment Support

1. Contributions of service enterprises.

2. Contributions of workers.

3. Other lawful sources.

Chapter VI

STATE MANAGEMENT OF VIETNAMESE GUEST WORKERS

Article 69. Contents of state management of Vietnamese guest workers

1. To formulate, and organize the implementation of, policies and plans on the sending of Vietnamese workers abroad as guest workers in conformity with national socio-economic development conditions in each period.

2. To formulate, promulgate, organize the implementation of, propagandize, disseminate, and education about, the law on Vietnamese guest workers.

3. To manage, and direct and guide the management of, Vietnamese guest workers.

4. To perform the code-based management of Vietnamese guest workers, and integrate relevant information in the database on Vietnamese guest workers.

5. To promote expansion, stabilization and development of overseas labor markets.

6. To implement international cooperation in the field of Vietnamese guest workers.

7. To carry out examination and, inspection, handle violations, and settle complaints and denunciations in the field of Vietnamese guest workers.

Article 70. Responsibility for state management of Vietnamese guest workers

1. The Government shall perform the unified state management of Vietnamese guest workers.

2. The Ministry of Labor, Invalids and Social Affairs is accountable to the Government for performance of the state management of Vietnamese guest workers and has the following responsibilities:

a/ To post on its portal information on the sending of Vietnamese workers as guest workers;

b/ To build, manage, operate, update and share the database on Vietnamese guest workers;

c/ To coordinate with the Ministry of Foreign Affairs in assigning civil servants to, and guiding worker management skills for, overseas Vietnamese representative missions.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Labor, Invalids and Social Affairs in performing the state management of Vietnamese guest workers.

4. People’s Committees at all levels shall perform the state management of Vietnamese guest workers in localities.

Article 71. Responsibilities of overseas Vietnamese representative missions

1. To protect lawful rights and interests of Vietnamese guest workers; to handle violations committed by Vietnamese guest workers in accordance with the law on handling of administrative violations.

2. To coordinate with the Ministry of Labor, Invalids and Social Affairs in researching and inquiring into host countries’ markets, policies and laws on foreign workers; to provide information and guidance for service enterprises in approaching markets.

3. To assist agencies in charge of the state management of Vietnamese guest workers in appraising conditions on receipt of workers and performance of contracts.

5. To assist, guide and coordinate with agencies, enterprises, non-business units, Vietnamese organizations and individuals making offshore investment, and agencies and organizations of host countries in managing, and settling arising problems related to, workers and bringing workers home.

6. To assist workers in accessing, making contributions to, carrying out procedures for receiving support from, and receiving support from, the Fund for Overseas Employment Support while they work abroad.

Chapter VII

SETTLEMENT OF DISPUTES

Article 72. Principles for dispute settlement

1. Disputes between workers and enterprises, non-business units, or Vietnamese organizations or individuals sending Vietnamese workers abroad as guest workers shall be settled on the basis of contracts signed between the parties and Vietnam’s law.

2. Disputes between Vietnamese workers and overseas employers shall be settled on the basis of agreements signed between the parties and the laws of host countries, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements concluded between Vietnamese ministries, ministerial-level agencies or government-attached agencies and foreign partners.

3. Disputes between service enterprises or non-business units sending Vietnamese workers abroad as guest workers and worker-receiving foreign partners or brokers shall be settled on the basis of agreements signed between the parties and Vietnam’s law, laws of host countries, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements concluded between Vietnamese ministries, ministerial-level agencies or government-attached agencies and foreign partners.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 73. Effect

1. This Law takes effect on January 1, 2022.

2. Law No. 72/2006/QH11 on Vietnamese Guest Workers ceases to be effective on the effective date of this Law.

Article 74. Transitional provisions

1. From the effective date of this Law:

a/ Service enterprises that have been granted licenses under Law No. 72/2006/QH11 on Vietnamese Guest Workers may continue to operate under such licenses.

In case service enterprises that fail to fully satisfy the conditions specified at Points a, b, d, dd and e, Clause 1, Article 10 of this Law, they shall fully satisfy such conditions within 12 months; otherwise, they shall terminate the services of sending Vietnamese workers abroad and have their licenses revoked;

b/ Service enterprises that have been granted licenses under Law No. 72/2006/QH11 on Vietnamese Guest Workers and fully satisfy the conditions specified at Points a, b, d, dd and e, Clause 1, Article 10 of this Law may request the renewal of their licenses if they so wish;

c/ In case contracts on the sending of Vietnamese workers abroad, contracts on the sending of interns, and other relevant agreements have been signed and workers have left Vietnam before the effective date of this Law, such contracts and agreements may continue to be performed until their terms expire;

d/ Labor supply contracts and intern acceptance contracts that have been signed before the effective date of this Law may continue to be performed until their terms expire, for the contents related to workers leaving Vietnam before July 1, 2022; in case workers leave Vietnam on or after July 1, 2022, such contracts shall be reviewed for amendment or supplementation or signature of new contracts after negotiation in accordance with this Law.

2. The Government shall stipulate dossiers and procedures for renewal of licenses specified at Point b, Clause 1 of this Article.

This Law was passed on November 13, 2020, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 10th session.-